California Statute of Limitations for Civil Cases
California Statutes of Limitations for Civil Cases: A Comprehensive Guide
Understanding California's statutes of limitations is critical for any litigant or attorney. Missing a deadline means losing your right to sue—permanently. California's Civil Procedure Code (CCP) establishes different time periods depending on the type of claim, and several doctrines can extend or shorten these periods.
Personal Injury
Time Period: Two years
Statute Citation: California Code of Civil Procedure § 335.1
When the Clock Starts: The statute of limitations clock begins to run on the date of injury—the date the plaintiff suffered bodily harm or physical injury. This is typically straightforward: a car accident on January 15 triggers a two-year window ending January 15 two years later.
Key Point: This is one of California's most common limitation periods and applies to negligence claims, slip-and-fall cases, and assault/battery claims.
Breach of Written Contract
Time Period: Four years
Statute Citation: California Code of Civil Procedure § 337
When the Clock Starts: The statute begins running when the breach occurs—typically when the defendant fails to perform an obligation due under the contract. For example, if a contractor fails to complete work by a contractually required date, the clock runs from that date, not from when the plaintiff discovers the breach.
Key Point: Written contracts receive longer protection than oral contracts. A written agreement memorializes the parties' intent and is therefore afforded a longer statute of limitations.
Breach of Oral Contract
Time Period: Two years
Statute Citation: California Code of Civil Procedure § 339(1)
When the Clock Starts: The clock runs from the date of breach, not from discovery of the breach. This mirrors the written contract rule but with a shorter window.
Key Point: The shorter period reflects the evidentiary challenges of proving oral agreements. Memory fades, witnesses become unavailable, and the plaintiff must act diligently to preserve evidence.
Fraud
Time Period: Three years
Statute Citation: California Code of Civil Procedure § 338(d)
When the Clock Starts: This is complex under California law. Fraud claims are subject to both an actual discovery rule and a constructive discovery rule. The statute runs from the date the plaintiff discovers the fraud or should have discovered it through reasonable diligence—whichever is earlier. This is one area where California departs significantly from the strict accrual date rule.
Key Point: Because fraud is inherently hidden, California applies the discovery rule strictly. A plaintiff might discover fraud years after a transaction closed. However, the constructive discovery component prevents indefinite waiting; once a reasonable person would have investigated further, time begins running.
Property Damage
Time Period: Three years
Statute Citation: California Code of Civil Procedure § 338(c)
When the Clock Starts: The statute runs from the date of injury to the property. Unlike some states, California does not typically use the discovery rule for property damage claims—the clock runs from the date the damage occurs, even if the plaintiff doesn't discover it immediately.
Key Point: Property damage claims (destruction of real or personal property caused by negligence or intentional conduct) receive three years under this statute. This is longer than personal injury but shorter than written contracts.
Medical Malpractice
Time Period: One year from discovery; three-year repose period
Statute Citation: California Code of Civil Procedure § 340.5
When the Clock Starts: This statute contains California's most restrictive limitation period and includes a critical repose (or "hard cap") period. The plaintiff has one year from the date they discovered (or reasonably should have discovered) the malpractice. However, no case may be brought more than three years from the date of the alleged malpractice, even if the plaintiff did not discover the injury until after the three-year period.
Key Point: The three-year repose period is absolute. A surgeon performs negligent surgery on January 1, 2022. The patient doesn't discover the injury until March 2024. They have until March 2025 to file suit (one year from discovery), but they must file by January 1, 2025 (three years from the negligent act). The earlier deadline controls. This is one of the most litigated provisions in California law.
Important Exception: The repose period does not apply if a foreign body was left in the plaintiff's body, or if the defendant fraudulently concealed the malpractice.
Wrongful Death
Time Period: Two years
Statute Citation: California Code of Civil Procedure § 335.1
When the Clock Starts: The clock runs from the date of death, not from the date of the underlying injury. If a person is injured on January 1 and dies on March 15, the statute of limitations for wrongful death runs from March 15. This is a critical distinction that trips up many practitioners.
Key Point: Wrongful death claims are derivative claims—they exist only because of the death. The relevant event for accrual is the death itself, even if the death occurred years after the initial injury.
Defamation, Libel, and Slander
Time Period: One year
Statute Citation: California Code of Civil Procedure § 340(c)
When the Clock Starts: The statute runs from the date of publication of the defamatory statement. For written defamation (libel), this is the date the statement is published in print, online, or broadcast. For oral defamation (slander), this is the date it is spoken.
Key Point: California's one-year period is relatively short. A single defamatory statement published on social media, in a news article, or in a complaint can trigger a one-year countdown. Republication can restart the clock under California's "single publication rule" (California Civil Code § 3581), but California applies this rule narrowly.
Trespass
Time Period: Three years
Statute Citation: California Code of Civil Procedure § 338(c)
When the Clock Starts: The statute runs from the date of the trespass. If someone unlawfully enters your property on January 15, the three-year window runs from that date. For continuing trespasses (repeated unauthorized entry), each entry may constitute a new trespass.
Key Point: Trespass to real property is a discrete event. Even if the trespasser remains on the property, the statute accrues from the initial unauthorized entry (though ongoing interference may constitute continuing trespass).
Debt Collection and Promissory Notes
Time Period: Four years
Statute Citation: California Code of Civil Procedure § 337(1)
When the Clock Starts: The statute runs from the date the debt becomes due or the date of the breach of the promissory note. If a promissory note is due on December 31, 2023, the four-year period runs from that date, even if the creditor doesn't discover nonpayment until later.
Key Point: A promissory note is a written contract, so the four-year statute applies. If the note is contingent or contains a specific payment date, that date controls. Making a partial payment or acknowledging the debt can restart the statute (see "Tolling" section below).
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The Discovery Rule and Delayed Accrual
California recognizes that some injuries are not immediately discoverable. The discovery rule permits the statute of limitations to begin running when the plaintiff discovers the injury or through reasonable diligence should have discovered it—not from the date the wrongful act occurred.
When the Discovery Rule Applies:
When It Does NOT Apply:
Practical Application: A dentist negligently places a crown on January 1, 2022. The plaintiff doesn't experience pain or realize something is wrong until November 2024. Under CCP § 340.5, they have one year from discovery (November 2025 deadline) but cannot sue after January 1, 2025 (three-year repose). The repose period controls.
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Tolling Provisions: When the Clock Pauses
California law permits the statute of limitations clock to stop running under specific circumstances:
Minority
Statute Citation: California Code of Civil Procedure § 352
If the plaintiff is a minor when the cause of action accrues, the statute of limitations does not begin to run until the plaintiff reaches age 18. A child injured in a car accident at age 5 has until age 20 to file a personal injury claim (two years after reaching majority).
Mental Incapacity
Statute Citation: California Code of Civil Procedure § 352
If the plaintiff lacks mental capacity to understand their right to sue, the statute is tolled. The clock resumes running once capacity is restored. This requires clear evidence that the plaintiff could not understand the nature of their claim.
Absence from California
Statute Citation: California Code of Civil Procedure § 351
If the defendant is absent from California and cannot be served, the time of absence does not count toward the statute of limitations. Once the defendant returns to the state, the clock resumes. This is rarely invoked in modern practice but remains on the books.
Military Service
Statute Citation: California Code of Civil Procedure § 354 (cross-referencing federal Servicemembers Civil Relief Act, 50 U.S.C. § 3953)
Military personnel on active duty receive tolling for federal claims and certain state claims. The period of active service does not count toward the statute of limitations.
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Acknowledgment and Partial Payment
Statute Citation: California Code of Civil Procedure § 360
An acknowledgment of a debt or a partial payment can restart the statute of limitations for debt collection claims. If a debtor makes a partial payment on a promissory note after the four-year period has nearly expired, a new four-year period may begin. However, California courts scrutinize whether an acknowledgment is clear and unambiguous.
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Practical Advice: What Happens When You Miss the Deadline
Dismissal is Final
If the statute of limitations expires before filing suit, the defendant can file a demurrer or motion to strike, and the court must grant it. There is no equitable exception in California for plaintiffs who missed deadlines due to negligence or excusable mistake (with limited exceptions for fraud tolling). Once the deadline passes, the claim is dead.
How to Calculate the Deadline
1. Identify the cause of action type
2. Find the statute of limitations period from the list above
3. Determine the accrual date (usually the wrongful act, injury, discovery, or breach)
4. Add the number of years to that date
5. Remember that the last day to file is the anniversary date minus one day (if the cause of action accrues on January 15, 2022, the deadline is January 14, 2024 for a two-year claim)
6. Check for tolling provisions that might extend the date
File Early to Protect Yourself
Plaintiffs should file suit well before the deadline—not on the last day. Court clerks' offices may be closed, filing systems may crash, and unexpected procedural issues may arise. Filing 30-60 days before the deadline provides a safety margin.
Relation Back of Amendments
If you file suit in time but name the wrong defendant, California Code of Civil Procedure § 474 may permit you to amend to add the correct defendant if they received notice and would not be prejudiced. However, this does not save you if you file too late against all defendants.
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Common Pitfalls
Pitfall 1: Confusing Discovery Date with Injury Date
Many plaintiffs believe they have longer to sue than they do because they discovered the injury later. For personal injury and property damage, the clock runs from the injury, not discovery (except medical malpractice and fraud).
Pitfall 2: Forgetting the Repose Period in Medical Malpractice
The three-year repose period in CCP § 340.5 is absolute. Mark it on your calendar clearly.
Pitfall 3: Miscalculating Anniversaries
If the injury occurred on January 15, the two-year anniversary is January 15 two years later—not January 14 or January 16. Use a calendar or statute of limitations calculator to verify.
Pitfall 4: Assuming Tolling Applies
Tolling is rare in modern practice. Don't assume a plaintiff's minority, mental incapacity, or a defendant's absence from California will save your case. Verify with statute citations.
Pitfall 5: Misidentifying the Cause of Action
A single incident might give rise to multiple causes of action with different time limits. An auto accident could involve personal injury (two years), property damage (three years), and negligent infliction of emotional distress (two years). Identify all potential claims and calendar each deadline separately.
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